TROY, N.Y. (NEWS10) – According to a source familiar with the case, New York State Attorney General Eric Schneiderman has requested authority from Governor Cuomo to investigate Rensselaer County District Attorney Joel Abelove involving his handling of the fatal shooting death of Edson Thevenin.

Pastor Tre Staton says this is a huge step towards justice being served and “they’re excited about that.” Staton is referring to the reaction from the family of Thevenin on Thursday after they were informed.

In May, Schneiderman said no one was off the hook when he settled a lawsuit against Abelove, in which Abelove agreed to hand over his investigation into the death of Thevenin.

Troy Police say Thevenin tried to evade arrest following a traffic stop and pinned Sgt. Randy French with his car then Sgt. French fired at Thevenin’s windshield.

A witness who came forward says they saw the officer shoot Thevenin, and then the witness says they saw the car roll forward and pin Officer French.

Schneiderman has said Abelove went against an executive order and should have notified his office instead of bringing the case before a grand jury, which cleared French.

“Their hopes are prosecution,” Station said. “The family feels that, you know, regardless of the information put out by the Troy Police Department and the District Attorney’s office, that it was basically murder so they hope to see justice served, prosecution on all accounts.”

Sources accuse Abelove of giving Sgt. French immunity, which means he could not be charged regardless of the grand jury’s outcome.

A witness also said he was never asked to testify in the grand jury, although he says he gave a statement to Troy police and showed cell phone video he took while at the scene.